This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story.The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2-314). No Industria De Calcados Martini Ltda. v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., INC. No. 92-P-1322 APPEALS COURT OF MASSACHUSETTS 36 Mass. App. Ct. 268; 630 N.E.2d 299; 1994 Mass. App. LEXIS 274; 23 U.C.C. Rep. Serv. 2d (Callaghan) 89 December 20, 1993, Argued March 21, 1994, Decided. Also, there’s a case that expounded upon this issue and told us that a baseball bat can’t crack when it’s used normally. Otherwise, the store has to give back the money to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct. 1993) Laurence Dudzik et al., Plaintiffs, v. Klein's All Sports, Defendant. SC# 92-390 JUSTICE COURT OF NEW YORK, TOWN OF COLONIE, ALBANY COUNTY 158 Misc. 2d 72; 600 N.Y.S.2d 1013; 1993 N.Y Misc. LEXIS 272; 21 U.C.C. Rep. Serv. 2d (Callaghan) 592 June 9, 1993, Decided. The extrapolation information that can be clearly drawn from these cases is if someone that is a plaintiff buys a baseball bat, the said bat it must be in that condition that the was represented to the heretofore named parties. At least, the bat must be in sufficient marketable condition so that the implied warranty owing from the party of the first part to the party of the second part must be sustained. Also,...

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...﻿LegalEssay – Consumer Law
“Discuss whether the current law adequately protects consumers.”
A consumer can be defined as someone who buys the goods or services purchased for private use or consumption. The effectiveness of the law in protecting consumers has been effective but also non-effective because an assessment of its effectiveness can only be reached by a realisation of the development of consumer law in Australia. The legislation applieslegal measures like laws such as the Trade Practices Act 1974 (cth), Consumer Protection Act 1969 (NSW) to help protect consumers. A wide variety of non-legal measures exist which aim to achieve justice for consumers. These include redress and remedies such as self-help and the media; however the legislation is quite ineffective in areas of consumer protection such as occupational licensing and contract rights.
One mechanism that protects consumers is the development of the Trade Practices Act 1974 (cth). These acts ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. In the case ACCC v Target Australia Pty Ltd (2001) FCA, the Australian Competition and Consumer Commission (ACCC) took action against Target for misleading deceptive conducts from their target advertisement. Target was breached under the Trade Practices Act 1974 (Cth) which prohibits misleading and deceptive conduct. The ACCC took target to court and...

...you maintain the house or be moved into part time or even full time in a home or retirement village. Now for the working class, doing one or multiple of these things can cost a considerable amount of money that they have had to earn over the course of their lives. Now, serial killers, murders, rapists who have been sent to prison for the rest of their natural life because of the horrendous atrocities they have been convicted of committing, get old eventually. These people have the same potential for the need of special care, expect as of 2013, for an acute care hospital bed for a prisoner it is estimated to cost tax payers an astounding $400,000 per year. Whenever money is involved the government isn't far away, “it was “baffling” that Corrections Victoria did not embrace an aged care model for housing older inmates in the prison system.” ( J May, 2013) In 2011 in Victoria the number of prison inmates over the age of 50 rose 34%. With these statistics, per day the cost of an acute care hospital bed is around $1100, which in comparison to the cost of housing an inmate in a high care aged facility which is estimated to be $156, it would seem logical to house aged inmates in these high care facilities due to it being the inexpensive option.
This is where the next negative issue with prisons comes in. The state government and the budget. The state government has almost total control over the expenditure of finances on and in prisons, as prisons don't fall...

...from their homes, schools or on the streets. Child recruitment is defined by the Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups as ” the use of any children under the age of 18 who has been recruited by a state or non-state armed group to be used to participate in combat or in other circumstances used as spies, messengers, servants, human shields, suicide bombings or to lay landmines”. Many of the girls that have been abducted for recruitment are subjected to sexual assault and they are all at risk of death. Child recruitment takes place in over 18 different countries and it has become a global issue with many countries beginning to take widespread action. When evaluating the effectiveness of legal and non legal measures in addressing child recruitment both domestically and internationally it becomes clear that international recognition and enforceability is limited whilst in Australia there are many mechanisms to ensure the problem is contained.
Internationally Child Recruitment remains a large problem. Whilst it is recognised as a problem a lack of enforceability means that organisations such as UNICEF ( The United Nations Children Fund) have little or no power in countries that accept the recruitment of children to be used for work or the army. This problem is largely due to state sovereignty,It allows every country to have independence and freedom on how they will run their country without any...

...﻿DISCUSS THE BARRIERS TO ACHIEVING AN INTERNATIONAL RESPONSE TO GLOBAL ENVIRONMENTAL PROTECTION
1) State sovereignty can achieve or hinder the achievement of an international response to global environmental protection
2) The nature of soft law can hinder the effectiveness of international measures but they can lead to substantial achievements.
3) A barrier is the complexity of the legal system and the time required to enforce international measures.
4) Personal concerns of a nation can impede on the achievement of global environmental protection
1) STATE SOVEREIGNTY can achieve or hinder the achievement of an international response to global environmental protection
SS is the implicit recognition under international law (article 2 of the UN Charter) that a nation has the authority over its citizens regarding entering international treaties and govern its nation without influence from external entities
(agenda)Whilst it can implement positive outcomes, sometimes what is best for the environment is not considered the best option for a country, and thus nations must choose to behave in a particular way often equated with innovation, economic growth and corporate profitability
Trail Smelter Case 1935: US and Canada referred a matter to the International Joint Commission (Ad Hoc tribunal) – positive use of state sovereignty as both nations cooperated to determine the extent of damages, whether compensation should be paid, and whether the smelter should operate...

...made impossible for those who have fallen pregnant to their rapist due to the law in Queensland. Even those who have been molested by a family member and have fallen pregnant cannot terminate the pregnancy legally, which can very possibly result in a child with severe, life-long birth defects or even death; statistics from a Czechoslovakian study revealed that 42% of the children produced from an incestuous union were born with severe birth defects and a further 11% were mentally impaired (Herzog, 2012). But the negative effect that our current legal system is having on women everywhere does not stop there.
Further issues that must be addressed are the inconsistency across the states and the fact that our current abortion law is in plain violation of rights set out in the Fundamental Principles of Justice in regards to the treatment that should be received as a victim in Queensland. Currently if a woman or victim seeking a safe, legal abortion is to be residing within a state that does not currently allow abortion for her situation, she may be forced to continue with pregnancy if unable to travel to a state that caters for her mental and physical needs; as women have been required to after Queensland Health refused offers from Dr Adrienne Freeman to administer abortions for those who have been told to travel interstate for their requested procedure (Andersen, 2009). Furthermore, forcing a victim of traumatic, criminal experience or any person...

...“Evaluate the effectiveness of legal and non- legal mechanisms in dealing with children and young people”
There are many legal and non- legal mechanisms, which seek to gain justice for children and young people. The effectiveness of these mechanisms changes with different situations. There have been many law reforms, which have proved to be effective; although there are many areas, which need improvement. An issue that will be further discussed in this essay is young drivers and the law. The legal and non-legal mechanisms that I will discuss throughout this essay are courts, government, and the media and protest groups. These legal and non-legal mechanisms are effective in achieving justice to an extent.
Many young lives, which are aged between 16-24 years, are cut short and families are left devastated, this is where the legal mechanisms need to take action to protect the young drivers and society to drive safely and responsibly.
Deaths are increasing involving p platers. Young drivers are more likely to commit more careless and dangerous driving due to the teenager wanting to experience things they haven’t tried and also peer pressure to speed, will finally cut the lives short of these young people.
Throughout previous years legal and non-legal mechanisms have been taking part...

...HSC Legal Studies: Re- doing the assessment.
Essay Question: “Explain why young offenders are treated differently in the criminal justice system. Assess the effectiveness of the criminal justice system when dealing with young offenders”
The Australian legal system and social media has responded attentively towards young offenders. The effectiveness and result is clearly shown through the community’s response, police officers and government officials that has implemented new strategies for young offenders to be “back on their feet” because the legal system has recognized the incapability of a young person(s) to understand the legal system.
The maturity level and inexperience are causes for them to offend the law. However a person(s) lifestyle and behavior can affect how you treat and respect the laws of the land. One other reason why young offenders are treated differently is due to the protection made by an international organization. This treaty is founded as “Convention on the rights of a child”- also known as CROC. CROC is a set of comprehensive rights given to children under 18years of age. The Australian government ratified the convention in December 1990 but only became binding in 1991- delayed by the extensive process of ratifying the convention in each state of Australia. Therefore explains the one year gap between the years.
A former US researcher from the Institute of mental health...

...A. In respect of the case :
* Identify the correct legal citation of the case
R v Mohamed [2010] NSWDC 322
* Provide the legislative provision under which the crime is set out or advise whether it is a common law offence
* Sec 25 under the Drug Misuse and Trafficking Act (1985)
* Sec 25A under the Drug Misuse and Trafficking Act (1985)
* Outline the elements of the offence pursuant to the legislation or the common law
* Accused is supplying or is taking part in supplying prohibited drug eg. dealing
* The drug that the accused is supplying is prohibited
* The accused is supplying prohibited drugs on 3 or more separate occasions during a period of 30 consecutive days for a financial or material reward
* Identify the plea
Ahmed Mohamed pleaded guilty to only a few of the offences in Local court.
* Explain the penalty given
* For the offence of conducting drug premises, the offender is sentenced to imprisonment for six months to begin from 11 November, 2009.
* For the offences of supplying a prohibited drug (1-benzylpiperazine) and cannabis, the offender is sentenced to imprisonment for eighteen months to begin from 11 February 2010.
* For the offence of ongoing supply of a prohibited drug, the offender is sentenced to imprisonment to begin from November 12 2012 and to expire on 10 November 2014, which is a non-parole period.
* Altogether, the defendant was sentenced for an overall of 7...